The legal comparison of alternative care of children in the Czech Republic and the Slovak Republic There is always present a group of children who cannot for various reasons grow up in their biological family. Obligation of the state in such cases is to ensure that children alternative care. The purpose of alternative care is to protect and nurture children in a safe healthy environment and provide suitable conditions for their healthy physical, intellectual, emotional and moral development. The objective of the thesis is to analyze and compare alternative care of children institute in the Czech and the Slovak Republic from the substantive and procedural point of view with intention to evaluate effectiveness of legal regulation, identify basic problems in the practical realization, outline the principles significant for the further development of alternative care and make proposals de lege ferenda. Focus is put on the analysis of differences in national regulations and their critical evaluation. The study takes into account relevant judicature with an emphasis on the reflection of the best interest of the child principle, right of the child to be heard and right to respect for private and family life in the decision-making practice of the courts. Legislation of the Czech and the Slovak Republic is...

A qualitative study was undertaken to develop an understanding of the social welfare services rendered to street children and to ascertain how these social welfare services can be enhanced from the perspective of service providers employed by NGOs in Pretoria. An explorative, descriptive and contextual research design was utilised. The researcher used purposive and non-probability sampling methods to draw the sample. Semi-structured interviews were used to collect information from nine service providers working with street children. Data were analysed according to the framework provided by Tesch (in Creswell, 2009). Data was verified using Guba‘s model (in Krefting, 1991).The study highlights challenges faced by NGOs in providing social welfare services to street children. The study provides a critical analysis of some of the key social welfare service challenges that need to be addressed to ensure effective and sustainable delivery of social welfare services. how these social welfare services can be enhanced from the perspective of service providers employed by NGOs in Pretoria. An explorative, descriptive and contextual research design was utilised. The researcher used purposive and non-probability sampling methods to draw the sample. Semi-structured interviews were used to collect information from nine service providers working with street children. Data were analysed according to the framework provided by Tesch (in Creswell, 2009). Data was verified using Guba‘s model (in Krefting, 1991).The study highlights challenges faced by NGOs in providing social welfare services to street children. The study provides a critical analysis of some of the key social welfare service challenges that need to be addressed to ensure effective and sustainable delivery of social welfare services. the social welfare services rendered to street children and to ascertain how these social welfare services can be enhanced from the perspective of service providers employed by NGOs in Pretoria. An explorative, descriptive and contextual research design was utilised. The researcher used purposive and non-probability sampling methods to draw the sample. Semi-structured interviews were used to collect information from nine service providers working with street children. Data were analysed according to the framework provided by Tesch (in Creswell, 2009). Data was verified using Guba‘s model (in Krefting, 1991).The study highlights challenges faced by NGOs in providing social welfare services to street children. The study provides a critical analysis of some of the key social welfare service challenges that need to be addressed to ensure effective and sustainable delivery of social welfare services. / Social Work / MA (Social Work)

The presence of poverty, unemployment and children been infected or affected by HIV/Aids contributed to a high level of children in need of care and protection (Patel, 2005:165) and forced communities to came up with a ways of addressing this increasing need of alternative care. Cluster foster care schemes were one of the initiatives that were started spontaneously by community members to address need for more alternative care options (Colby-Newton, 2006:18). This form of alternative care was also included with the proclamation of the Children’s Act, 38 of 2005 and the Children’s Amendment Act, Act 41 of 2007 (Matthias, 2010:172-176). Although cluster foster care schemes are acknowledge and practice as a form of alternative care for children in need of care and protection the operationalising thereof remain a grey area. In an unpublished study by Taback and Associates, it was suggested that further research should be conducted regarding elements that need to be included in the operationalising of cluster foster care schemes (Taback and Associates, 2010:4). The above form the motivation for this study and also provide the basis for the formulation of the research question namely: “What are the operational elements necessary for the operationalising of cluster foster care schemes?” Following from the research problem and research question, the goal for this research was to explore and describe the present functioning of cluster foster care schemes in order to identify operational elements to be documented in a guideline for service providers and social workers. The researcher made use of qualitative research approach to explore and describe the participants’ perception on the research problem. This research endeavour firstly falls in the ambit of the phenomenology research design, which aimed to describe the conscious experience of the everyday life of the participants, which were in this study the managers of cluster foster care schemes as well as foster parents that provide foster care as part of a cluster foster care scheme. In addition to this the researcher also opted to include the exploratory, descriptive and contextual research design, which guided the exploration, description and contextualising of the views of the participants on elements needed to operationalise cluster foster care schemes. In order to achieve the above the researcher the researcher decided to make use of an intervention research model by Rothman and Thomas (1994:3-51), namely the “Intervention Develop and Design” framework (IDD framework). In this study the researcher only used phases one to phase four and certain steps of the IDD framework to develop the operational guidelines for the operationalising of cluster foster care schemes. In concluding the report of the study, the researcher provided summaries of and conclusions related to the background rational; research questions; goals and task objective of the study; the research methodology implemented; the empirical findings and literature consulted; and the developed operational guidelines. He concluded the document with recommendation related to the research process and methodology employed; research findings; and recommendation for further research on the research topic. / Social Work / D. Soc.Sc. (Social Work)

Thesis (LLM.) -- University of Limpopo, 2019 / This mini-dissertation seeks to evaluate the best interests of the child as a separate factor that influences the sentencing of a primary caregiver. When a parent is in conflict with the law, the child stands to be affected sentence that the court may impose on the caregiver. A custodial sentence has the potential of affecting the child’s right to parental care. Therefore, in the event where a custodial sentence is appropriate, alternative care of the child by other persons become a possible option. The author recommends that after applying the principles articulated in S v M and making use of a child impact report; the right of the child to parental care should carry more weight. Thus, courts should duly consider the best interest of the child as an independent factor when negative effects to the child are associated with the sentence. Where appropriate, with either a non-custodial sentence or adequate alternative care (in the case of imprisonment).

The work deals with the issue of different legal forms of nonprofit organizations from a historical perspective, the legal definition, management and financing, and on examples of specific organizations describes the cost intensity of alternative institutional care for the state and municipal budgets. The cost intensity is compared with the cost intensity of foster care. The material also quantifies the differences in various types of alternative care and tries to create optimal solution to the current situation.

This study was influenced by the circumstances of children in need of care and protection. I conducted the study through a lens that takes the perspectives of “family life” seriously. Section 28(1)(b) of South Africa’s Constitution provides for the right to family care, parental care, or appropriate alternative care to a child who is removed from family life. This provision prioritises the nurturing and development of children in families. South Africa has a diversity of family models which provide family or parental care to children. Children also face various challenges and difficulties in the family environment, such as abuse, neglect, poverty, exploitation, and other traumatic experiences which make them more vulnerable and in need of care and protection. These circumstances are identified as grounds for mandatory intervention and often influence the decision by the children’s court to remove children. The study demonstrates how family care, parental care, or appropriate alternative care are provided in South Africa’s Children’s Act, enforced by the judiciary, and have evolved in practice. Unfortunately, the Children’s Act does not explicitly provide for families, family care and the responsibility of the state to assist families to enable them to function optimally. Government and stakeholders therefore lack guidance in their engagement with the family to address the plight of children in families or raise the quality of life of the family on a continuous basis. The social worker who conducts investigations into the circumstances of the child who is in need of care and protection, must facilitate the provision of prevention and early intervention services with a view to strengthening the family. Unfortunately, social workers sometimes abuse their powers by removing children without prioritising the support needed to keep them in families. Furthermore, the state’s assistance in supporting families may be challenging due to resource constraints, underspending on the state budget, and delay in the delivery of services. Before the children’s court decides to remove the child into alternative care it must, upon identifying a specific ground for mandatory alternative care intervention, conduct an investigation and hold an inquiry regarding the circumstances of the child. The parent and the child must have access to information and participate in the decision-making process. Once the decision to remove the child is reached, the children’s court can opt for different alternative care options. It is crucial to decide on alternative care of a nature and quality that resembles family life. Such care must enable the child and the parent to mutually enjoy each other’s company, as this is an essential element of family life. Thus, the state must put measures in place to ensure that the child establishes contact and has a continuous relationship with family members in view of possible reunification with the family. Alternative care must also provide permanency planning which must explore the option of reuniting the child with his or her family after removal, or adoption if reunification efforts fail. Although adoption is preferred upon failure of reunification efforts, it is challenged by policy and practice which, if not carefully considered, may impact on the right of the child to family life. South Africa has ratified the United Nations Convention on the Rights of the Child (CRC) and is bound to develop its policies in line with the CRC. It is an issue of concern as to whether the implementation of the Children’s Act goes far enough in meeting CRC standards or complying with the Constitution. Thus, the study is means of comparative research, which includes international standards and foreign jurisdictions, with the view of suggesting improvements for South African child legislation. Recommendations for the best possible options towards refining the Children’s Act are made. The proposed provisions could advance the reform of child and family services and thus make a difference in the lives of children in families. / Thesis (LLD)--University of Pretoria, 2012. / gm2013 / Private Law / unrestricted

Focusing on the rights of children who are deprived of their family environment and remain in child-headed households in the context of the HIV epidemic in Africa cannot be more relevant at present as the continent faces a significant increase in the number of children who are left to fend for themselves due to the impact of the epidemic. The impact of the epidemic is so severe that it is likened to an armed conflict. In sub-Saharan Africa, an estimated 22.4 million people are living with HIV, and in 2008 alone, 2 million people died of AIDS-related illnesses. Such massive loss of human lives is itself a tragedy. However, the repercussions of the epidemic suffered by children may be less visible, yet are just as far-reaching, and in all likelihood longer lasting in their effects. Initially, it appeared that children were only marginally affected by the epidemic. Unfortunately, it is now clear that children are at the heart of the epidemic. In sub-Saharan Africa, an estimated 14 million children lost their parents to AIDS-related illnesses and an unimaginable number of children consequently find themselves in deepened poverty. Traditionally, children who are deprived of their family environment in Africa have been cared for by extended families. However, the HIV epidemic has dramatically affected the demography of many African societies. As the epidemic continues to deplete resources of the affected families and communities, extended families and communities find it more and more difficult to provide adequate care to the increasing number of children who are deprived of parental care. As a result, more and more children are taking care of themselves in child-headed households. The foremost responsibility of states with regards to children who are deprived of parental care is to support families and communities so that they are able to provide adequate care to children in need of care, thereby preventing children from being deprived of their family environment. While strengthening families and communities, as required by articles 20 of the Convention of the Rights of the Child and 25 of the African Charter on the Rights and Welfare of the Child, as well as other international guidelines such as the 2009 UN Guidelines for the Alternative Care of Children, states also have the responsibility to provide ‘special protection and assistance’ to children who are already deprived of their family environment and are living in child-headed households. The important question is how to interpret the right to alternative care, and special protection and assistance, with respect to children in child-headed households. The study examines the international standards and norms regarding children who are deprived of their family environment including children in child-headed households and explores the ways those children are supported and protected in South Africa, against the background of related developments in a number of different African countries, including Namibia, Southern Sudan and Uganda. In 2002, the South African Law Reform Commission made the important recommendation that child-headed households should be legally recognised. The Children’s Amendment Act (No 41 of 2007), which amended the comprehensive Children’s Act (No 38 of 2005) gave effect to this recommendation by legally recognising child-headed households under prescribed conditions. It is a bold step to strengthen the protection and assistance given to children in child-headed households. However, child-headed households should not be legally recognised unless all the necessary protection and assistance measures are effectively put in place. In order to design and implement the measures of protection and assistance to children in child-headed households, a holistic children’s rights-based approach should be a guiding light. A rights-based approach, which articulates justiciable rights, establishes a link between the entitlement of children as rights-holders and legal obligations of states as duty-bearers. States have the primary responsibility to provide appropriate protection and assistance to children who are deprived of their family environment. This is a legal obligation of states, not a charitable action. A rights-based approach is further important in that it ensures that both the process of mitigation strategies and the outcome of such efforts are firmly based on human rights standards. The study argues that legal recognition should be given to child-headed household only after a careful evaluation based on the international standards with regard to children deprived of their family environment. It further argues that measures of ‘special protection and assistance’ should be devised and implemented using a rights-based approach respecting, among others, children’s rights to non-discrimination, to participation and to have their best interests given a priority. / Thesis (LLD)--University of Pretoria, 2009. / Centre for Human Rights / unrestricted

TUČKOVÁ, Tereza. Social activation services for families with children in the town of Rakovník. Prague 2021. The diploma thesis. Charles University, Prague. Hussite Theological Faculty. Department of Psychosocial Sciences and Ethics. Thesis supervisor Mgr. Barbora Racková. This diploma thesis is divided into theoretical and practical part and is realized through qualitative research, in the form of interviews with clients. Initially, the theoretical part deals with and explains the general facts that will help to more easily understand the whole issue. Here we find the concept of social work, social worker, prejudices against social workers and it also marginally deals with the ethics of social work. Subsequently, the concept of family is explained, I try to point out the importance of family for each of us. Furthermore, social work with the family, family rehabilitation. We will also find an explanation of the term of social activation service for families with children here. It is described first in general and then specifically in the town of Rakovník. The practical part consists, as it has already been mentioned, of qualitative research which is developed in the form of semi-structured interviews with clients. It contains research and partial questions, which have been answered by in total of...

This thesis deals with the System of care for vulnerable children in the Czech Republic and the increasing number of children in institutional care. While processing was used mainly qualitative methods of collecting data through its own survey in the offices of municipalities with extended competence of employees engaged in the exercise of social and legal protection of children and interviews with selected staff of facilities for institutional care. There was also carried out a secondary analysis of data. Finally, there are some partial measures, whose implementation could improve the situation of vulnerable children in society and reduce the number of children placed in institutional care.

Čížková, B. (2011). International standards Quality for Children in the practice of the social and legal protection of children in the Czech republic. Praha: Faculty of Arts, Charles University. Master's Degree Thesis. The object of this work is to identify the weaknesses of the current system of the alternative care by comparing casuistry with the standards of quality. I use casuistry of the current or former clients of foster care. In the first part I put the topic of social and legal protection of children into context of international and constitutional documents. There is also a chapter about the Standars Quality4Children. Then I focus on the situation in the Czech republic. I start with the descripction of the current system and finish with the process of transformation of the system of care for children at risk. The bill changing the Act No. 359/1999 Coll. on the social and legal protection of children was published. It is the first step to the transformartion and it's necessary to be followed-up other steps. The actual explorative empirical part of this work is conducted by a qualitative research strategy. The empirical investigation was executed in form of interviews with twelve respondents. Research sample consists of two social workers (from authority for social and legal protection of...